( 1 ) THE appellant was tried on a charge of rape under Section 376 of the Indian Penal Code. There were three charges of rape against the appellant. One was in respect of rape committed on the girl Havatunnessa alias Hayatun on the 18th of March, 1960 at 10/1, Gurusaday Dutta Road, Calcutta. The second was in respect of rape on a girl called Kutchnur on the 17th of March, 1960 at the same place. The third charge was in respect of rape on another girl Arisha on the 14th of March, 1960 at the same place. The jury unanimously found the appellant not guilty in respect of the charge of rape against the two girls Kutchnur and Arisha. But the jury by a unanimous verdict found the appellant guilty of rape under Section 376 of the Indian Penal Code for committing rape on the girl Hayatunnessa alias Hayatun. It is against this unanimous verdict of the jury finding the appellant guilty of rape on Hayatunnessa that the present appeal is directed. The learned Assistant Sessions Judge accepted this unanimous verdict of the jury and convicted the appellant and sentenced him to rigorous imprisonment for five years.

( 2 ) THE first task of Mr. Mitter, learned Counsel for the a